Dellal v Dellal & Ors

Dellal v Dellal & Ors

The claimant's application under section 10 of the 1975 Act is not hopeless or abusive at this stage, as she has established a strong prima facie case that Jack Dellal had substantial resources and that further disclosure may reveal actionable dispositions. Summary termination is premature; specific disclosure is ordered to determine if the claim is realistic or hopeless.

Parties
Claimant: Ruanne Dellal; Defendant: Guy Dellal; Defendant: Lorraine Kirke (née Dellal); Defendant: Diane Sokolowski (née Dellal); Defendant: Gabrielle Dellal; Defendant: Jasmine Dellal; Defendant: Rowan Dellal; Defendant: Violet Seulberger-Simon; Defendant: Alexander Dellal
Jurisdiction
England and Wales
Judgment Date
01 April 2015
Procedural Posture
Civil / Interlocutory Application for Summary Termination/strike Out
Outcome
Application for strike out dismissed; application for summary judgment adjourned with liberty to restore; specific disclosure ordered.
Legal Topics
Inheritance (provision for Family and Dependants) Act 1975, Summary Judgment, Strike Out, Disclosure, Service Out of Jurisdiction
Family Law Succession Law Civil Procedure Inheritance (provision for Family and Dependants) Act 1975 Summary Judgment Strike Out Disclosure Service Out of Jurisdiction

Case Brief

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Parties

Ruanne Dellal

Claimant

Guy Dellal

Defendant

Lorraine Kirke (née Dellal)

Defendant

Diane Sokolowski (née Dellal)

Defendant

Gabrielle Dellal

Defendant

Jasmine Dellal

Defendant

Rowan Dellal

Defendant

Violet Seulberger-Simon

Defendant

Alexander Dellal

Defendant

Procedural Posture

Civil / Interlocutory Application for Summary Termination/strike Out

Legal Issues

  1. 1 Whether the claimant's application under section 10 of the Inheritance (Provision for Family and Dependants) Act 1975 should be summarily terminated or struck out without trial
  2. 2 Whether the claimant has pleaded sufficient facts to sustain a legally recognisable claim under section 10
  3. 3 Whether summary judgment should be granted against the claimant

Ratio Decidendi

The claimant's application under section 10 of the 1975 Act is not hopeless or abusive at this stage, as she has established a strong prima facie case that Jack Dellal had substantial resources and that further disclosure may reveal actionable dispositions. Summary termination is premature; specific disclosure is ordered to determine if the claim is realistic or hopeless.

Court Disposition

Application for strike out dismissed; application for summary judgment adjourned with liberty to restore; specific disclosure ordered.

Orders

  • Each defendant must disclose documents evidencing any individual transfer of money or property worth £10,000 or more from Jack Dellal or entities under his control from 28 October 2006 to his death.
  • If overseas defendants have not submitted to jurisdiction by 1 May 2015, letters of request for disclosure are authorised.